Privacy Statement
PRIVACY STATEMENT
Consolidated-Tomoka Land Co. (“CTLC”)
Website Privacy Policy
Revised as of November 25, 2011
The website located at www.ctlc.com (the “Website”) is operated by CTLC (CTLC may hereafter be referred to as “us,” “we,” and “our”). CTLC is committed to the privacy of our visitors and customers. The purpose of this Privacy Statement is to inform you when you visit our Website how we use such information and the choices you have regarding our use of and your ability to review and correct your information.
A Special Notice about Children
Children (under the age of 18) are not eligible to use the Website unsupervised, and we ask that children do not submit any personal information to us. If you are under the age of 18, you may only use this Website in conjunction with, and under the supervision of, your parents or guardians. By using this Website, you represent that you are of sufficient legal age to use the Website. It is our policy not to collect personal information from any person under 18 because such individuals are not permitted to use this Website or submit personal information to us through the Website. If we learn that we have inadvertently gathered personal information from such individuals, we will promptly remove such information from our records.
Information Collected
In general, you can visit this Website without telling us who you are or revealing any information about yourself. Our web servers collect the domain names, not the e-mail addresses, of visitors. In addition, there are portions of this Website where we may need to collect personal information from you for a specific purpose, such as to provide you with certain information you request. The information collected from you may include your name, address, telephone, fax number, or e-mail address. For electronic access to proxy statements, we collect your tax identification number to verify your shareholder status.
Cookies
Like many other commercial sites, our Website utilizes standard technologies called "cookies" to collect information about how our Website is used. A cookie is a small data text file, that a website stores on your computer's hard drive (if your web browser permits) that can later be retrieved to identify you to us. Cookies are designed to help a website recognize a user's browser as a previous visitor and thus save and remember any preferences that may have been set while the user was browsing the site. A cookie cannot be read by a website other than the one that set the cookie. Cookies can securely personalize home pages, identify which parts of a site have been visited or keep track of selections. For instance, cookies allow us to prepopulate (or fill in) an email field with your email address if you revisit our website and make a request. A cookie cannot retrieve any other data from your hard drive, pass on a computer virus, or capture your email address.
Use of Collected Information
Domain name information that we collect is not used to personally identify you and instead is aggregated to measure the number of visits, average time spent on the site, pages viewed, etc. We use this information to measure the use of our site and to improve the content of our site.
When other information is collected from you, such as your name and e-mail address, we generally let you know at the time of collection how we will use the personal information. Usually, we use the personal information you provide only to respond to your inquiry or to process your request (such as to receive annual reports or sales information). This information may be shared with other CTLC businesses, but only if necessary to fulfill your request or for related purposes.
Email Use
When you provide us your email address, we may send you emails necessary to respond to your request. If we provide you with promotional email, it will contain instructions on how to unsubscribe. Your email address will be used only to respond to your request and will not be shared with any third parties.
Links to Other Sites
CTLC's Website may contain links to other sites (“third-party links”) that are not necessarily under the control of CTLC. While we try to link only to sites that share our high standards and respect for privacy, CTLC shall have no responsibility or liability whatsoever for the content, security, or privacy practices of any third-party links, or any link or linking program at any time. You should read and understand CTLC’s policies with respect to such third-party links, as stated in the Legal Notice of the Website http://ctlc.com/index.php/84-legal-notice.
Security of Collected Information
It is our intent to protect against the loss, misuse, or alteration of information that we have collected from you. We maintain appropriate physical, electronic, and administrative safeguards to protect your personal information from unauthorized or inappropriate access. We restrict access to personal information about you to those CTLC workers who need to know the information to respond to your inquiry or request. However, we cannot warrant the security of personal information and you provide your personal information to us at your own risk. We employ reasonable security measures to protect the security of the information you submit to us. We limit the information we provide to outside companies with whom we contract to only what they need to carry out their responsibilities and require that they maintain your personal information using safeguards at least comparable to those we use.
Access to Collected Information
You may review and update the information that you provide to us through this Website by contacting us as described below.
Contacting Us
If you have any questions about this Privacy Policy, please use the Contact Us page. We welcome your questions and suggestions about our Privacy Policy.
Changes to this Policy
We reserve the right, in our sole discretion to make changes to this Privacy Policy, When changes are made, we will change the “Revised as of” date at the top of the Privacy Policy so you will know when the changes became effective. Changes to the Privacy Policy become effective upon posting and updating the “Revised as of” date. You should periodically review the Privacy Policy to be informed of any changes as you are bound by the terms of the Privacy Policy in effect when you visit this Website.
Legal Notice
LEGAL NOTICE
Consolidated-Tomoka Land Co. (“CTLC”)
Website Legal Notice
Revised as of November 25, 2011
ATTENTION: PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
This Website, and each of its components, is the copyrighted property of CTLC, and its various third-party providers Portions of the content found on this Website may be owned by third-party providers and is the copyrighted work of the respective third-party providers. None of the content or data found on this Website may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of CTLC and its third-party providers. In addition, the trademarks, logos and service marks displayed on this Website (collectively, the "Trademarks") are registered and common law trademarks of CTLC, its affiliates, and various third parties. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of CTLC or such other party that may own the Trademark.
You may only use this Website to browse the content, make inquiries to CTLC, and not for any other purposes. This site and the content provided in this Website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of CTLC, except that you may download, display and print one copy of the materials presented on this Website on a single computer for your personal, non-commercial use only. “Deep-linking,” “embedding” or using analogous technology is strictly prohibited unless specifically authorized by CTLC in writing. Unauthorized use of this Website and the materials contained on this Website may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, and any other proprietary notices, contained in the materials. The use of such materials on any other Website or in any environment of networked computers is prohibited. You are prohibited from posting to or transmitting from this Website any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. The links from this Website to any other websites are provided for your information and convenience only. CTLC does not assume any responsibility or liability with respect to any website linked from this Website (or any website linking to this Website), including its content and operation. CTLC does not review or monitor such links. A link from this Website to another website (or a link from another website to this Website) does not constitute a referral, endorsement, approval, advertising, offer or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website. While this Website may contain "links" to other sites, we are not responsible for the content or the privacy practices employed by other sites. You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of this Website, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein, without the prior express consent from an authorized CTLC (such consent is deemed given for standard search engine technology employed by Internet search web sites to direct Internet users to this site).
CTLC assumes no responsibility regarding the accuracy of the information that is provided by CTLC and use of such information is at the recipient's own risk. CTLC provides no assurances that any reported problems may be resolved with the use of any information that CTLC provides. By furnishing information, CTLC does not grant any licenses to any copyrights, patents or any other intellectual property rights.
CTLC does not want to receive confidential or proprietary information from you through our Website. Please note that any information or material sent to CTLC will be deemed NOT to be confidential. By sending CTLC any information or material, you grant CTLC an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that CTLC is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. You can learn more about CTLC privacy practices on the Web at http://ctlc.com/index.php/85-privacy-statement.
Certain of the statements contained on this Website consist of forward-looking statements. When used in this Website, the words "believe,” "estimate,” "expect,” “intend,” “anticipate,” “will,” “could,” “may,” “should,” "plan,” “potential,” “predict,” “forecast,” “foresee,” “project,” and similar expressions and variations thereof identify certain of such forward-looking statements, which speak only as of the dates on which they were made. Forward--looking statements are made based upon management’s expectations and beliefs concerning future developments and their potential effect upon CTLC. There can be no assurance that future developments will be in accordance with management’s expectations or that the effect of future developments on CTLC will be those anticipated by management. These forward-looking statements involve known and unknown risks, uncertainties and other factors which may cause the actual results, performance or achievements of CTLC to be materially different from any future results, performance and achievements expressed or implied by these statements for any reason. These risks and uncertainties include, but are not limited to, the strength of the real estate market in the City of Daytona Beach and Volusia County, Florida; the impact of a prolonged recession or further downturn in economic conditions; CTLC’s ability to successfully execute acquisition or development strategies; any loss of key management personnel; changes in local, regional, and national economic conditions affecting the real estate development business and income properties; the impact of environmental and land use regulations; extreme or severe weather conditions; the impact of competitive real estate activity; variability in quarterly results due to the unpredictable timing of land sales; the loss of any major income property tenants; the availability of capital; and other factors set forth from time to time in CTLC’s filings with the Securities and Exchange Commission (“SEC”). In evaluating forward-looking statements, you should consider these factors and the risk factors set forth from time to time in our filings with the SEC. They should be reviewed in conjunction with our periodic interim and annual reports, registration statements and other filings filed with or furnished to the SEC, copies of which are available from Consolidated-Tomoka Land Co., 1530 Cornerstone Boulevard, Suite 100, Daytona Beach, Florida 32117, and from the SEC’s website at www.sec.gov. The risks described above and in filings with the SEC are not the only risks facing CTLC. Additional risks and uncertainties not currently known to CTLC or that CTLC currently deems to be immaterial also may materially adversely affect CTLC. CTLC does not undertake publicly to update or revise any forward-looking statement that may be made on this site, whether as a result of new information, future events or otherwise. Forward looking statements are not guarantees of performance. You are cautioned not to place undue reliance on these forward-looking statements.
The information contained on this Website does not constitute an offer to sell or the solicitation of an offer to buy any of CTLC’s securities.
The information contained in the news releases accessible through this Website should be viewed as accurate only on the date the press releases are rendered. Changes in circumstances could have occurred from the date of such press releases that might materially affect the information contained therein.
The posting of information on any properties provided herein is provided solely for informational purposes. All information is subject to change without notice.
Although CTLC attempts to provide accurate information on this Website, CTLC assumes no responsibility for the accuracy of the information. Information on this Website may contain technical inaccuracies or typographical errors. CTLC may make changes to the information at any time without notice. The materials at this Website may be out of date and CTLC makes no commitment to update the materials at this Website. THE INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND. CTLC DISCLAIMS ALL WARRANTIES EXPRESSSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. CTLC SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES RESULTING FROM THE USE OF OR RELIANCE UPON THE INFORMATION PRESENTED ON THIS WEBSITE. CTLC AND ANY THIRD-PARTY PROVIDERS DO NOT WARRANT THAT THIS WEBSITE WILL BE FREE OF DEFECTS, VIRUS OR OTHER HARMFUL ITEMS. CTLC WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS THAT MAY RESULT FROM HACKING OR OTHER INFILTRATION OF THIS WEBSITE OR THE CTLC COMPUTER SYSTEM.
IN NO EVENT WILL CTLC BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH WEBSITES, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, SOFTWARE, DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER MATERIAL FROM THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. IN NO EVENT SHALL CTLC {OR ANY THIRD-PARTY PROVIDERS} BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (i) ANY USE OF THIS WEBSITE OR CONTENT FOUND HEREIN, (ii) ANY FAILURE OR DELAY, OR (iii) THE PERFORMANCE OR NON PERFORMANCE BY CTLC{ OR ANY THIRD-PARTY PROVIDERS}, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
This web site is administered by CTLC from its offices in Daytona Beach, Florida. CTLC makes no representation that materials at this Website are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use, or export, or re-export the materials at this Website or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Website from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of laws. You consent and submit to the exclusive jurisdiction of the state and federal courts located in the State of Florida, United States of America, in all questions and controversies arising out of your use of this Website and this Legal Notice.
We reserve the right, in our sole discretion to make changes to this Legal Notice at any time. When changes are made, we will change the “Revised as of” date at the top of the Legal Notice so you will know when the changes became effective. Changes to the Legal Notice become effective upon posting and updating the “Revised as of” date. You should periodically review the Legal Notice to be informed of any changes because your use of this Website is conditioned upon the contents of the Legal Notice posted on this Website at the time of your use.. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of this Website.
FAQ
1. Do you pay dividends?
2. Do you have a dividend reinvestment program?
3. Is there a buy back or repurchase program for Company stock?
4. What is the difference between holding shares as a shareholder of record
and as a beneficial owner through a broker?
5. Who is your transfer agent?
6. What is a Medallion Signature Guarantee?
7. How do I replace a lost stock certificate?
8. How do I make an address change if I am a shareholder of record?
9. How do I replace a lost dividend check?
10. What stock market are you traded on? What is your ticker symbol?
What is the Company’s cusip number?
11. When is your annual shareholders’ meeting?
12. What is your fiscal year?
13. What is a net lease property?
14. What is the usual term of the net lease properties?
15. What is a "1031 exchange?"
1. Do you pay dividends?
Yes, the Company currently pays dividends semi-annually; however the Company regularly reviews its dividend strategy and capitol needs on a regular basis.
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2. Do you have a dividend reinvestment program?
No, we do not have such a program.
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3. Is there a buy back or repurchase program for Company stock?
Yes, the Company initiated a repurchase program in November 2008. Shares are repurchased in large blocks through a broker when the stock is at a specific target price. All other purchases or sales of Company stock must be made through your broker.
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4. What is the difference between holding shares as a shareholder of record and as a beneficial owner through a broker?
If your shares are registered directly in your name with our transfer agent, Registrar and Transfer Company, you are considered the shareholder of record for those shares. If your shares are held in a brokerage account, you are considered the “beneficial owner” of the shares allocated to your individual brokerage account but held under the brokerage firm’s name.
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5. Who is your transfer agent?
Our transfer agent is Registrar and Transfer Company. As our transfer agent, Registrar and Transfer Company maintains shareholder records, including purchases, sales and account balances, for record shareholders.
Registrar and Transfer Company can be reached at:
Registrar and Transfer Company
10 Commerce Drive
Cranford, NJ 07016-3572
1-800-866-1340
www.rtco.com
6. What is a Medallion Signature Guarantee?
This is required to guarantee the signature of the registered shareholder whenever the shareholder decides to transfer registered shares of stock. The institution processing the transfer must have some guarantee that the shareholder is authorized to transfer the shares of stock. The application of a Medallion Signature Guarantee provides the authentication of the guarantor that the endorser of the stock certificate is the registered owner and has the legal authority to sign the certificate. Most major banks and brokerage firms are members of this program and serve as guarantors. This protects the shareholder, any buyer of the shares, the issuing company, and any transfer agent for the issuing company.
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7. How do I replace a lost stock certificate?
Lost stock certificates can be replaced by calling our transfer agent, Registrar and Transfer Company at 1-800-866-1340. The transfer agent will advise you of the necessary steps to take to obtain a replacement certificate.
You may also write to Registrar and Transfer Company and advise them which certificates are lost, including the certificate numbers and number of shares (if known), registered owner’s name(s), account number or Social Security number, and the name of the Company.
Mail your request to:
Registrar and Transfer Company
Attn: Lost Certificate Department
10 Commerce Drive
Cranford, NJ 07016-3572
8. How do I make an address change if I am a shareholder of record?
Contact our transfer agent, Registrar and Transfer Company.
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9. How do I replace a lost dividend check?
All dividend checks are issued through our transfer agent, so you should contact Registrar and Transfer Company.
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10. What stock market are you traded on? What is your ticker symbol? What is the Company’s cusip number?
We are traded on the New York AMEX Stock Exchange (NYSE AMEX) under the ticker symbol, CTO. The Company’s cusip number is 210226.
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11. When is your annual shareholders’ meeting?
Our annual shareholders’ meeting is usually held in Daytona Beach, Florida, on the last Wednesday in April. Notice of the annual meeting is provided to shareholders with the proxy statement.
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12. What is your fiscal year?
Our fiscal year is based on a calendar year and ends on December 31.
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13. What is a net lease property?
A net lease requires the tenant of a property to bear most of the expenses associated with ownership of the property. These expenses usually include repairs, common area maintenance, real estate taxes, utilities, and insurance. On some of the net lease properties, the Company is responsible for major structural items, such as replacement of the roof and repaving of the parking lot. In these cases, the Company sets up reserves. These types of leases reduce fluctuations in operating costs. All of the Company’s income properties are net lease and are typically triple-net or double-net leases.
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14. What is the usual term of the net lease properties?
The Company’s net-lease properties are long-term leases, usually 15-25 years with options to extend, with creditable tenants; for example, tenants of our current income properties include Walgreen, Barnes & Noble, CVS, Lowe’s, RBC Centura Bank, and Northern Tool and Equipment.
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15. What is a “1031 exchange?”
Section 1031 of the Internal Revenue Code generally permits income tax deferral when investment property or property used in a trade or business is exchanged for “like kind” property as long as the exchange is completed within 180 days of the transfer of the exchanged property. These exchanges are known as “like kind exchanges” or “1031 tax-free exchanges.” The primary benefit of a 1031 exchange is the deferral of income taxes on capital gains during ownership of the exchanged property.
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